Dream up an HTC Magic app competition

The following Terms and Conditions apply to the Dream up a HTC Magic app competition (the “Competition”) promoted by the Promoter. By entering the Competition you agree to these terms and conditions.

Who can Enter?

To enter you must be at least 16 years old.
The Competition is only open to residents in the United Kingdom of Great Britain and Northern Ireland. The Competition is not open to: (i) employees of the Promoter, (ii) the Promoter’s agencies, (iii) anyone professionally associated with the Competition, or their families. You must only enter the Competition for your personal, non-commercial purpose.
Upon entry submissions may not be amended. All entries must be English. Illegible, damaged and/or unintelligible Entries will not be considered.
How to enter?

Visit Vodafone.co.uk/competition (“Competition Website”)- In no more than 200 words entrants will be required to describe a proposed mobile device application to use on an Google android device in sufficient detail for the Promoter to understand the nature of the application (“Entry”). You must follow all instructions on the Competition Website.
Promoter accepts no responsibility for Entries that are incomplete, lost or not received for any reason.
Competition Dates

The Competition will commence at 00.01 am on 09 August 2009 and end on 23.59 30 September 2009.
The Prize

The prizes for the selected winning Entry will be: (i) £1,000, (ii) an HTC Magic mobile device (without SIM Card); and (iii) to have the Entry idea built into a mobile application for use on a Google Android device (“Application”).
10 runners up, will also receive an HTC Magic mobile device (without SIM Card).
Prizes (with the exception of the Application development) will be delivered to the winner and runners up within 28 days of acceptance of the prize.
Selection of a winner

The winner and 10 runners up will be selected on 5 October 2009.
Promoter will identify a winner and 10 runners up. Promoter will select the winning entry based on merit of idea, commercial viability, cost of development, amongst other things. Promoter’s decision is final and at its sole discretion.
Promoter, or its designated agent (namely Vodafone) will contact the winner and runners up by email and/or mobile phone on 05 October 2009. The winner and runner ups will be required to accept the prize within 2 days or the call or email. If Promoter (or its designated agent) fails to receive a reply from the winner and/or runner ups within 2 days an alternative winner/runner up will be found.
The winner must provide their mobile number and address. Payment will be by cheque.
Identification may be required before monies are sent to the winner.
Warranties and Indemnities

You hereby represent and warrant to the Promoter that:
the Entry and the information contained therein is your own original creation and that you are the sole author and proprietor of the Entry and the information contained therein;
the Entry and the information contained therein does not infringe any third party rights, including but not limited to intellectual property rights and complies with all applicable laws, rules and regulations within the UK; and
prior to entering the Competition you have not sold, assigned or otherwise transferred and/or granted any rights in the Entry or the information contained therein to any third party, submitted it in any other competition and/or exploited it anywhere in the world and during the Competition you shall not do any of the foregoing.
You agree that you shall indemnify and hold Promoter harmless In full and on demand against any loss, cost, damage, injury or expense that Promoter may incur as a result of any breach by you of Paragraph 15 of these Terms and Conditions.
Intellectual Property Rights and Payment

As between you and the Promoter, Promoter shall retain and benefit from all rights of ownership, title and interest in and to (i) the Entry and all information contained therein; and (ii) the Application. You hereby agree to assign any and all rights in and to the Entry and all information contained therein together with any rights in and to the Application and execute any document necessary to evidence, perfect or otherwise confirm Promoter’s proprietary rights hereunder. All rights not expressly granted by Promoter herein, are reserved. Although Promoter may liaise with you in order to name the Application, you acknowledge and agree that the naming of the Application shall be at Promoter’s sole discretion. Any and all rights in and the name of the Application shall rest solely with Promoter.
You acknowledge and agree that other than the prizes granted herein you shall have no rights to any royalties, payment or other form of consideration in respect of Promoter’s (or someone else on behalf of Promoter) development and general commercial exploitation of your Entry (and the information contained therein) or the Application.
Building the Application

The Application shall be developed and commercially exploited at Promoter’s discretion and cost. Other than as expressly set out in these terms and conditions or as otherwise agreed by the Promoter, the winner will have no involvement in the development or commercial exploitation of the Application. Promoter may in its sole discretion choose to discontinue the development or commercial exploitation of the Application at any time. In the event that Promoter decides not to develop the Application (which shall be decided at its sole discretion), an alternative prize will be provided to the winner. The Application will be made available within a reasonable time following the end of the Competition, to download for free through Google Android devices, for a period to be specified by Promoter.
General

Promoter will make reasonable efforts to fulfil all elements of the Competition stated but cannot be held responsible for failing to fulfil certain elements if beyond the control of the Promoter.
The Promoter reserves the right to amend these terms and conditions, the prize (or substitute the prize with an alternative prize), or amend or withdraw the Competition at any time.
Prizes are non-transferable, no cash alternative on non-cash prizes.
To the fullest extent permissible by law, the Promoter expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the prize awarded. Further, Promoter disclaims any responsibility for any damage caused to the prize upon or during its delivery to the winner. The liability of the Promoter shall be limited to the maximum extent permitted by law.
Winners may be required to take part in publicity.
Promoter reserves the right to contact all entrants regarding various product and service promotions or other related communications. Should entrants wish not to be contacted, they should write to the Vodafone Sponsorship team. Entrants will have the opportunity to opt-out of future correspondence in any subsequent communications
A list of winners can be obtained or by contacting Social Media Manager, Vodafone Limited, Babbage House, The Connection, Newbury, Berkshire, RG14 2FN, United Kingdom.
Promoter: Vodafone Limited, Vodafone House, The Connection, Newbury, Berkshire RG14 2FN.

© 2009 Vodafone Limited. Information correct at time of going to print. All rights are reserved to Vodafone and materials may not be used in any way or copied in whole or in part without prior written permission from Vodafone. Vodafone and the Vodafone logo are trademarks of Vodafone Group Plc or its associated companies.

http://apps.vodafone.co.uk/terms.php